The Board denied an evaluation in excess of 40 percent for the veteran's service-connected chronic myositis and strain of the lumbar paravertebral muscles, as the evidence did not support a finding that the disability more nearly approximated pronounced IDS or incapacitating episodes having a total duration of at least six weeks during the past year.
The deciding factor: The medical evidence did not more nearly approximate a finding of pronounced IDS, or a finding of incapacitating episodes having a total duration of at least six weeks during the past year. The veteran's disability was manifested by chronic myositis, a minor strain, and intervertebral disc syndrome (IDS), but there was no evidence of ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- chronic myositis, strain of the lumbar paravertebral muscles, intervertebral disc syndrome (IDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2008
- Citation
- 0816617
Veterans Law Judge
Decisions by this judge: 1,377 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0816617.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's lumbar spine DDD and IDS have been rated at 40 percent, the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The appeal is denied.
- Denied
The Board denied the Veteran's claim for service connection for a back disorder, finding that there was no evidence of chronic symptoms in service or within one year after discharge. The VA and private medical opinions concluded that the current back disorders are not related to service.
- Denied
The Board has determined that the Veteran's lumbar spine disorder and left shoulder disorder are not related to his military service, as there is no evidence of chronic symptoms during or immediately after service. The VA examiner concluded that any inservice injuries were not the cause of his currently diagnosed conditions.
- Remanded (sent back)
The Board has remanded the case for an appropriate VA examination and to determine if an extra-schedular evaluation is warranted under 38 C.F.R. § 4.16(b).
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